EB-2 NIWAgriculture and foodEmployerDecided June 2021Dismissed
Outcome: Dismissed
JUN252021_02B5203
Merit and national importanceNot reached / not discussedWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A wholesale agricultural products company sought national interest waiver for a beneficiary. The AAO dismissed the appeal because the beneficiary failed to meet exceptional ability requirements and did not establish well-positioning to advance the proposed endeavor or that waiver would benefit the United States.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Well positioned · Director determined beneficiary not well positioned; affirmed on appeal
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | First prong not reached; EB-2 exceptional ability qualification failed |
 Well positioned | Not met | Director determined beneficiary not well positioned; affirmed on appeal |
 Balance favors a waiver | Not reached / not discussed | First and second prongs failed; third prong not reached |
A published decision describes one case. It is not legal advice and not a prediction for yours.